Regular Council Meeting Revised Agenda

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Council Chambers
Whitby Town Hall

This meeting will be held in a hybrid in-person and virtual format. In accordance with Section 7 of Procedure By-law # 7462-18, Members of Council may choose to attend in-person or participate virtually.

 

Should you wish to provide comments regarding a matter being considered below, please submit written correspondence and/or a Delegation Request Form.

 

  • To submit written correspondence, please email your correspondence to the Office of the Town Clerk at [email protected] by noon on the day of the meeting. Correspondence must include your full name, address, and the item on the agenda that your correspondence is related to.
  • To speak during the Committee meeting either in-person or virtually, please submit a Delegation Request Form online to the Office of the Town Clerk by noon on the Wednesday prior to the date of the meeting. Should you be unable to access a computer, please call 905.430.4315 to speak with a Staff Member in the Office of the Town Clerk.

 

The meeting will be available for viewing through the Town’s live stream feed at whitby.ca/CouncilCalendar while the meeting is in progress.

 

A Revised Agenda may be published on a later date. Late items added or a change to an item will appear with an asterisk beside them.


Regular Council - January 30, 2023


Special Council - January 30, 2023


Special Council - February 6, 2023


Special Council - February 13, 2023


Special Council - February 16, 2023 (9:30 a.m.) (Confidential Minutes Under Separate Cover)


Special Council - February 16, 2023 (7:00 p.m.)


Special Council - February 27, 2023


Special Council - March 6, 2023 (9:30 a.m.) (Confidential Minutes Under Separate Cover)


Special Council - March 6, 2023 (5:30 p.m.) (Confidential Minutes Under Separate Cover)

  • Recommendation:

    That the Regular Council Minutes of January 30, 2023 and the Special Council Minutes of January 30, February 6, February 13, February 16 (9:30 a.m.), February 16 (7:00 p.m.), February 27, March 6 (9:30 a.m.) and March 6 (5:30 p.m.), 2023 be approved.

Recognition: International Mixed Ability Rugby Tournament, 2nd Place Finishers

Refer to Item 8.7, PDP 10-23


Note: In accordance with Section 2.8.2 of the Procedure By-law, a Two Thirds Majority for a motion to hear this delegation is required as the delegation did not address Committee at the Committee of the Whole meeting.

Refer to Item 8.7, PDP 10-23


Note: In accordance with Section 2.8.2 of the Procedure By-law, a Two Thirds Majority for a motion to hear this delegation is required as the delegation did not address Committee at the Committee of the Whole meeting.

That the following requests be endorsed:

  • International Dark Sky Week - April 15-22, 2023
  • Earth Day - April 22, 2023
  • Building Safety Month - May 2023
  • Guillain-Barré Syndrome and Chronic Inflammatory Demyelinating Polyneuropathy Awareness Month - May 2023
  • Fibromyalgia Awareness Day - May 12, 2023
  • Menstrual Health Day - May 28, 2023
  • Rett Syndrome Awareness Month - October 2023
  • Recommendation:

    That the proclamations for International Dark Sky Week, Earth Day, Building Safety Month, Guillain-Barré Syndrome and Chronic Inflammatory Demyelinating Polyneuropathy Awareness Month, Fibromyalgia Awareness Day, Menstrual Health Day, and Rett Syndrome Awareness Month be endorsed.

  • Recommendation:

    That the proclamations from March to December 2023 outlined in the Memorandum from J. Romano, Commissioner of Community Services, dated March 20, 2023, be endorsed.

Planning and Development - February 27 and March 6, 2023

  • Recommendation:
    1. That Correspondence 2022-625 received by C. Harris, Town Clerk from D. Jones and W. Abel, residents, dated November 16, 2022 regarding a Port Whitby traffic petition be received for information; and,
    2. That Staff be directed to review the need for traffic calming in the Port Whitby neighbourhood using data driven decision making as part of the development of a Town-wide traffic calming strategy.

Re: Final Recommended Official Plan Amendment, Downtown Whitby Community Secondary Plan, File Number: DEV-21-20 (OPA-2020-W/03)

  • Recommendation:
    1. That Council adopt Amendment 126 to the Whitby Official Plan, regarding the updated Downtown Whitby Community Secondary Plan, as outlined in Report PDP 61-22;
    2. That the Clerk forward the necessary documentation for the Official Plan Amendment to the appropriate approval authority, within fifteen days of adoption of Amendment 126 to the Whitby Official Plan; and,
    3. That the Clerk send a Notice of Council’s adoption of Amendment 126 to those persons and agencies who have requested further notification regarding the Downtown Whitby Secondary Plan Update.

Re: Zoning By-law Amendment Application to Remove the Holding (H) Symbol, NF Hopkins Ltd., 901 Hopkins Street, File Number: DEV-29-22 (Z-20-22)  

  • Recommendation:
    1. That Council approve an Amendment to Zoning By-law # 2585 (File No. Z-20-22) for the removal of the Holding (H) Symbol, as outlined in Planning Report PDP 07-23; and,
    2. That a by-law to amend Zoning By-law # 2585 be brought forward for consideration by Council.

Re: Affordable Housing Initiative – Hickory Street South and Dunlop Street East 

  • Recommendation:
    1. That Council direct staff to list the municipally owned property located at the northeast corner of Hickory Street and Dunlop Street East and a portion of the municipally owned property located on the south side of Dunlop Street East, as identified on Attachment #1 to Report No. PDP 08-23, on the Region of Durham’s surplus land website for the potential creation of affordable housing; and,
    2. That staff report back to Council on the interest received for affordable housing opportunities on the subject properties.
  • Recommendation:

    Whereas on October 25, 2022 the Minister of Municipal Affairs and Housing issued a letter to the Town of Whitby recognizing the Province’s commitment to build 1.5 million homes by 2031 and assigning a Municipal Housing Target of 18,000 new homes in Whitby to assist with achieving this target.

    And whereas, the Minister also requested the Town to demonstrate its commitment to accelerating housing supply by developing a Municipal Housing Pledge and take the necessary steps to facilitate the construction of 18,000 new homes in Whitby by 2031, and delivering that pledge to the Minister by March 22, 2023.

    And whereas, the Town has a considerable inventory of housing units approved or in the approval process (i.e. 18,118 units), including 4,123 low density, 4,925 medium density and 9,070 high density units.

    And whereas, the Town has additional greenfield land inventory within the West Whitby and Brooklin Community Secondary Plan areas to accommodate draft plan of subdivision applications, and considerable infill/intensification opportunities, which will further increase the potential housing yield.

    And whereas, the Town has experienced a considerable increase in the number of building permits for residential units in the recent past, including 2,360 permits in 2021 and 1,777 permits in 2022, with an expectation to continue such volume of permits into the future.

    Now therefore, the Town of Whitby Council pledges its commitment to facilitate the development of 18,000 new homes by 2031 through the following initiatives/activities:

    • Implement and/or update Official Plan Policies, including the following:
      • Continue to implement recent Official Plan policy adjustments to increase the proportionate share of medium and high density residential units in strategic areas of the Town, such as designated Centers, Corridors and the Whitby GO Station and Port Whitby areas;
      • Initiate an update to the Town of Whitby Official Plan to comply with recent changes to the Growth Plan for the Greater Golden Horseshoe and pending new Official Plan for the Region of Durham;
      • Initiate an update to strengthen the policy basis for medium and high density residential units within the Whitby GO Major Transit Station Area (MTSA).
    • Complete the on-going Comprehensive Review and Update of the Town’s Zoning By-laws, including the following:
      • Including permissive policies to support accessory units in ground related housing forms;
      • Including contemporary regulations to accommodate a wide range of housing types as-of-right.
    • Develop a Housing Acceleration Strategy and Implementation Plan, including such matters as the following:
      • Confirmation and/or expansion of strategic development areas designated in the Whitby Official Plan;
      • Recognition of updated/contemporary zoning regulations through the Comprehensive Zoning By-law Review and Update;
      • Development of municipal fiscal resources to support the cost of new housing and related infrastructure;
      • Co-ordinate with the Region of Durham to develop a servicing plan to accommodate new growth in Whitby;
      • Identification of public lands with development or redevelopment potential.
    • Capitalize on funding sources, such as the Streamline Development Fund to further advance on-line portal development for Planning Act and Ontario Building Code Act related applications, recognizing the on-line application resources have been established and will continue to be expanded upon.
    • Continue to collaborate with the Region of Durham to ensure major servicing infrastructure (water, sewer, roads) is available when needed.

    Notwithstanding the Town of Whitby’s Municipal Housing Pledge herein, it is recognized that there are many influences outside the control of the Town, which should not reflect upon the Town’s performance to achieve the Municipal Housing Target of 18,000 homes by 2031, including but not limited to the following:

    • Interest rates;
    • Inflation;
    • Supply chain issues;
    • Availability of labour force/skilled trades in housing construction;
    • Housing market;
    • Developer’s desire to proceed with construction;
    • Provision of Regional infrastructure;
    • Planning approvals shifting to the Provincial level from the Region of Durham;
    • Additional, unforeseen legislative changes to planning and building approvals processes;
    • Shortage of talent pool for Planning, Engineering and Building professionals required to review and process development applications.

    The Council of the Town of Whitby makes this pledge recognizing that there is a shared responsibility with the development community to deliver on the creation of desirable communities where residents can live, work and play, not just live.  Also recognizing that they Town’s responsibility to support new and existing residents will remain long after the new housing is constructed.

    The Council of the Town of Whitby requests further dialogue with the Province regarding definitions related to Bill 23 and regulations thereto, and looks forward to further discussions with the Minister of Municipal Affairs and Housing in April 2023 regarding the impacts of Bill 23, and related Development Charge shortfalls, what legislative provisions will be directed at the development community to pass along, dollar for dollar, any savings achieved through Bill 23, and legislative amendments to incent developers to “use it or lose it” with respect to approved development applications or permits.

    That the Clerk be directed to circulate a copy of this resolution to the Minister of Municipal Affairs and Housing, the Regional Municipality of Durham, Durham Area Municipalities, and all Durham Region MPPs. 

Re: Draft Plan of Condominium Application, Garden Street Developments Inc., 4335 Garden Street, File Number: DEV-35-22 (CW-2022-02 and CW-2022-03)

  • Recommendation:
    1. That Council approve a Draft Plan of Condominium – Common Element (File No. CW-2022- 02) subject to the comments included in Planning Report PDP 09-23 and the Conditions of Approval, included in Attachment #5;
    2. That Council approve a Draft Plan of Condominium - Standard (File No. CW-2022-03) subject to the comments included in Planning Report PDP 09-23 and the Conditions of Approval, included in Attachment #5;
    3. That the Mayor and Clerk be authorized to execute the Condominium Agreements and any other necessary documents; and,
    4. That the Clerk advise the Commissioner of Planning and Economic Development at the Region of Durham, of Council’s decision.

Re: Envision Durham – Draft Regional Official Plan

  • Recommendation:
    1. That Report PDP 10-23 be endorsed as the Town’s comments on the Envision Durham draft Regional Official Plan; and,
    2. That the Clerk forward a copy of Report PDP 10-23 to the Durham Region Planning and Economic Development Department and the Durham area municipalities.

Re: Temporary Use Zoning By-law Amendment Extension, Town Brewery Inc., 1632 Charles Street, File Number: DEV-03-23 (Z-02-23)

  • Recommendation:
    1. That Council approve a proposed Zoning By-law Amendment (Application #Z-02-23) for the extension of a temporary use at 1632 Charles Street. The temporary use is for the continuation of a craft brewery (Town Brewery) for an additional three year period; and,
    2. That the Zoning By-law Amendment be brought forward for Council’s consideration.

General Government - February 27 and March 6, 2023

Re: Memorandum of Understanding between the Town of Whitby and the Canadian Musicians Co-operative

  • Recommendation:
    1. That Report CAO 04-23 be received for information;
    2. That the Town enter into a three-year Memorandum of Understanding with the Ontario Musicians Co-operative Inc. (operating as the Canadian Musicians Co-operative) effective January 1, 2023 to January 1, 2026;
    3. That the CAO and Commissioner Financial Services/Treasurer be authorized to execute the Memorandum of Understanding, and be delegated the authority to make amendments thereto subject to such amendments being mutually agreed upon by the Canadian Musicians Co-operative and the Town; and,
    4. That Council provide an exemption to the Public Nuisance By-law $ 6714-13 for the duration of the Memorandum of Understanding with respect to the ability of Canadian Musicians Co-operative Performers to be able to receive a voluntary gratuity as part of the program.

Re: Roebuck Street Placemaking Project

  • Recommendation:

    That Council approve the semi-permanent closure of Roebuck Street in Downtown Brooklin (June to mid-September) to support placemaking opportunities and create an outdoor community gathering space.

Re: Community Development Funds - 2022 Annual Report

  • Recommendation:
    1. That Report CAO 06-23 regarding the 2022 Annual Report for the Mayor’s Community Development Fund and the Performing Arts Community Development Fund be received for information; and,
    2. That Council approve the updated Mayor’s Community Development Fund and Performing Arts Community Development Fund Policy as shown in Attachment 4.

Re: Public Art Policy Framework

  • Recommendation:
    1. That Report CAO 03-23 be received for information;
    2. That Council endorse the Public Art Policy Framework as presented in Report CAO 03-23; and,
    3. That Staff be directed to prepare a final Public Art Policy to be presented to Council in Q4 2023.
  • Recommendation:
    1. That Whitby Town Council urge the Region of Durham to broaden the scope of the Durham Meadoway Visioning Study to include the possibility of green energy projects on the Gatineau Hydro Corridor through Durham in addition to the proposed multi-use path for active transportation; and,
    2. That the Clerk be directed to forward a copy of this motion to the Region of Durham and Whitby Sustainability Advisory Committee. 
  • Recommendation:

    That staff report back on the opportunity to protect trees of significance on private lands in order to preserve Whitby’s urban forest canopy.

Re: Ready Set Future: Durham Region’s Five-Year Economic Development and Tourism Strategy and Action Plan

  • Recommendation:

    That Report CAO 08–23 be received for information.

Re: Downtown Whitby Business Improvement Area (BIA) 2023 Budget and 2022 Reporting

  • Recommendation:
    1. That Council receive the proposed 2023 Detailed Program of Improvement, and Beautification and Maintenance and the 2022 Annual Report, (Attachments 2 and 3 of Report FS 11-23), from the Downtown Whitby Business Improvement Area Board; and,
    2. That Council approve the Downtown Whitby Business Improvement Area Board’s proposed 2023 Budget, (as outlined in Attachment 1 of Report FS 11-23), inclusive of a $210,000 special tax levy for businesses within the Downtown Business Improvement Area. 

Re: 2022 Remuneration and Expenses for Mayor and Members of Council and Council Appointees to Boards

  • Recommendation:

    That Report FS 02-23 regarding 2022 Remuneration and Expenses for Members of Council and Council Appointees to Boards be received for information.

Re: T-25-2022 Streetlight Installation at Various Locations

  • Recommendation:
    1. That Tender T-25-2022 be awarded to Hard-Co Construction Ltd., for Streetlight Installation at Various Locations, in the amount of $354,825.33 (plus applicable taxes) to be funded from the capital project listed in Table 3 of Report FS 05-23; and,
    2. That the Mayor and Clerk be authorized to execute the contract documents.

Re: Procurement Policy

  • Recommendation:
    1. That Council approve and endorse the new Procurement Policy (Policy # F 080) included in Attachment 1 of Report FS 09-23;
    2. That the existing Purchasing Policy be repealed; and,
    3. That Council direct staff to review the Procurement Policy every 5 years.

Re: Revision to Council Expense Policy (G 050)


See also attached Memorandum from F. Wong, Commissioner of Financial Services/Treasurer, dated March 15, 2023 regarding Council Expense Policy Correction - Revised on March 20, 2023.

  • Recommendation:

    That the revised Council Expense Policy (Policy # G050) be approved, in accordance with Report FS 10-23 and the Memorandum from F. Wong, Commissioner of Financial Services/Treasurer, dated March 15, 2023 regarding Council Expense Policy Correction - Revised on March 20, 2023. 

  • Recommendation:

    Whereas the ongoing pilot project for natural outdoor ice rinks has proved challenging due to fluctuating winter temperatures; and, 
     
    Whereas outdoor ice rinks provide the community with an affordable opportunity to be active during the winter months; and,
     
    Whereas building the Whitby Sports Complex will provide the potential to reuse the refrigeration plant at the Luther Vipond Memorial Arena to offset some of the capital costs associated with a refrigerated outdoor ice facility.
     
    Now therefore be it resolved: 

    That following the tender results for the Whitby Sports Complex and as part of the development of the Parks and Recreation Master Plan, that Staff be directed to report on opportunities to install refrigerated outdoor ice rinks or skating trails in the Town. 

Note: This item was referred at Committee.

  • Recommendation:

    That Staff be directed to review the opportunity for enhanced school zone parking enforcement through additional staffing resources, and include an analysis of whether such resources would be revenue neutral.

  • Recommendation:

    Whereas the Government of Ontario instituted a Safe-Arrival Policy for schools in 1999 requiring each district school board, school authority, and the Provincial Schools Branch to develop a safe-arrival program to report unexplained student absences in a timely manner to parents, guardians, or caregivers; and,

    Whereas there is no requirement for Provincially licensed child care providers to have safe-arrival programs in place; and,

    Whereas requiring safe-arrival programs for Provincially licensed child care providers may help prevent avoidable tragedies involving children, such as the June 2022 death of a toddler who was unintentionally left in a hot car for a prolonged period of time when his parent reported to work after failing to deliver the child to his daycare provider.

    Now therefore be it resolved:

    1. That the Council of the Town of Whitby requests the Province of Ontario to require a Safe-Arrival Policy be developed and implemented by provincially licensed child care providers to enhance the safety of all children enrolled in their programs by reporting unexplained child absences in a timely manner to parents, guardians, or caregivers; and,
    2. That the Clerk be directed to send this resolution to Premier Ford, the Minister of Education, the Regional Municipality of Durham, Durham Area Municipalities, and all Durham MPPs.

13.

 
  • Recommendation:

    That leave be granted to introduce By-laws # 7967-23 to # 7982-23 and to dispense with the reading of the by-laws by the Clerk and that the same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.

Being a By-law to appoint Michael Hickey as Fire Chief.


Refer to CAO 07-23, Appointment of Fire Chief

Being a By-law to amend By-law #2585, as amended, being the Zoning By-law for the Town of Whitby.


Refer to PDP 07-23, Zoning By-law Amendment Application to Remove the Holding (H) Symbol, NF Hopkins Ltd., 901 Hopkins Street, File Number: DEV-29-22 (Z-20-22)  

Being a By-law to amend By-law #2585, as amended, being the Zoning By-law of the Town of Whitby. 


Refer to PDP 04-23, Zoning By-law Amendment Application, 305 St. John Street West, File Number: DEV-26-22 (Z-18-22)

Being a By-law to designate certain portions of a registered Plan of Subdivision (SW-2018-03) as not being subject of Part Lot Control. 

Being a By-law to designate certain portions of a registered Plan of Subdivision (SW-2002-06, and S-204-89) as not being subject of Part Lot Control.

Being a By-law to designate certain portions of a registered Plan of Subdivision (SW-2018-06) as not being subject of Part Lot Control. 

Being a By-law to designate certain portions of a registered Plan of Subdivision (SW-2017-03) as not being subject of Part Lot Control.

Being a By-law to designate certain portions of a registered Plan of Subdivision (SW-2013-04) as not being subject of Part Lot Control. 

Being a By-law to dedicate to dedicate Part 19 on Plan 40R-14106, as a Public Highway (McQuay Boulevard).

Being a By-law to designate the Malcolm McTaggart House on the property municipally known as 9455 Baldwin Street North, PLAN 111 PT LOT 28, 29, 32, 38, as being of cultural heritage value and interest.


See also attached Memorandum from F. Santaguida, Commissioner of Legal and Enforcement Services/Town Solicitor, dated March 20, 2023 regarding By-law to Designate 9455 Baldwin Street North as being of Cultural Heritage Value

Being a By-law to amend the Fees and Charges By-law # 7220-17, as amended.


Refer to PDP 66-22, Ontario Bill 109, More Homes for Everyone Act, 2022, FS 06-23, Recommended 2023 Operating and Capital Budget and the Memorandum dated February 13, 2023 regarding Report FS 06-23 Recommended 2023 Operating and Capital Budget, User Fees Rates and Charges – Correction


See also attached Memorandum from F. Wong, Commissioner of Financial Services/Treasurer, dated March 20, 2023 regarding By-Law #7220-17 – Fees & Charges:  Summary of Edits from Budget Book

Being a By-law to adopt Amendment Number 127 to the Official Plan of the Town of Whitby.


Refer to PDP 39-22, Official Plan Amendment, Draft Plan of Subdivision, and Zoning By-law Amendment Applications, Brookfield Residential, 100 Garden Street and 604 Dundas Street East, File Numbers: DEV-26-21 (OPA-2021-W/08, SW-2021-09, Z-16-21)

Being a By-law to amend By-law #2585, as amended, being the Zoning By-law of the Town of Whitby.


Refer to PDP 39-22, Official Plan Amendment, Draft Plan of Subdivision, and Zoning By-law Amendment Applications, Brookfield Residential, 100 Garden Street and 604 Dundas Street East, File Numbers: DEV-26-21 (OPA-2021-W/08, SW-2021-09, Z-16-21)

Being a By-law to amend By-law # 2585, as amended, being the Zoning By-law for the Town of Whitby.


Refer to PDP 11-23,Temporary Use Zoning By-law Amendment Extension, Town Brewery Inc., 1632 Charles Street, File Number: DEV-03-23 (Z-02-23)

Being a By-law to adopt Amendment Number 126 to the Official Plan of the Town of Whitby.


Refer to PDP 61-22, Final Recommended Official Plan Amendment, Downtown Whitby Community Secondary Plan, File Number: DEV-21-20 (OPA-2020-W/03)

Being a By-law to dedicate Parts 1 and 4 on Plan 40R-31906, as a Public Highway (Dufferin Street).

  • Recommendation:

    That leave be granted to introduce a by-law and to dispense with the reading of the by-law by the Clerk to confirm the proceedings of the Council of the Town of Whitby at its regular meeting held on March 20, 2023 and the same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.

  • Recommendation:

    That the meeting adjourn.